IN RE HELBACH

No. 51,835

6 Kan. App. 2d 39 (1981)

626 P.2d 1192

In re: SAM HELBACH APPEAL — Road Vacating.

Court of Appeals of Kansas.

Opinion filed April 17, 1981.


Attorney(s) appearing for the Case

Daryl E. Hawkins, of Herington, for appellant Sam Helbach.

David W. Wheeler, of Wheeler & Wheeler, of Marion, for appellee Board of Marion County Commissioners.

Before REES, J., presiding, JUSTICE MILLER, and STEVEN P. FLOOD, District Judge, assigned.


REES, J.:

As an aggrieved party, Sam Helbach undertook an appeal from a road vacation order made by the board of county commissioners of Marion County. A trial de novo on the record was sought. The trial court dismissed for lack of jurisdiction.

The appellant concedes the board acted lawfully. We are asked to find that the action of the board was quasi-judicial, not administrative or legislative, and to afford a trial de novo on the record. If the action of...

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